Steven A. Bagen | April 1, 2025 | Car Accidents
Blind spots are any areas around a vehicle that the driver cannot easily see. To see a vehicle in your blind spot, you must physically turn your head.
These areas are a factor in approximately 840,000 accidents in the U.S. each year, according to the National Highway Traffic Safety Administration. If you’ve been in one of these collisions, you are likely dealing with the frustrating question of how to prove what happened when the other driver simply says, “I didn’t see you.”Contact Steven A. Bagen & Associates, P.A. for a straightforward conversation about your accident at (800) 800-2575.
The Anatomy of a Blind Spot
What Makes a “Spot” Blind?
A car’s mirrors provide a limited frame, like looking at a landscape through a small window—you only see part of the whole picture. The areas outside that frame are the blind spots. The physical limitations of mirrors and the vehicle’s own structure create these zones where other cars, motorcyclists, or pedestrians seemingly disappear from view.
The common blind spot zones on a standard passenger car include:
- To the sides and slightly behind the vehicle: This is the most common area involved in lane-change accidents.
- Directly behind the trunk: This area is hidden from all mirrors and is a hazard during reverse maneuvers.
- The vehicle’s structural pillars: The “A-pillars” on either side of the windshield can obscure pedestrians or even entire vehicles at intersections.
Why Is the “No-Zone” Around Large Trucks So Dangerous?
The “No-Zone” refers to the significantly larger blind spots surrounding commercial trucks. These areas are far more extensive than those of a passenger car, making them particularly hazardous for other drivers who share the road. If you find yourself driving inside a truck’s No-Zone, the driver has little to no way of seeing you.
The four primary No-Zones are:
- Directly in front of the cab: This area can extend up to 20 feet in front of the truck.
- Directly behind the trailer: This blind spot can stretch back as far as 200 feet.
- Along the left side of the truck: This zone runs from the driver’s door to the middle of the trailer.
- A large area along the entire right side of the truck: This is the largest blind spot, sometimes spanning multiple lanes of traffic.
A practical safety rule is simple: If you cannot see the truck driver’s face in their side-view mirror, they cannot see you. The sheer length and height of a commercial truck are why these areas are so extensive, making them a contributing factor in a high number of serious collisions.
How Fault Is Determined in a Blind Spot Collision
What Does the Law Say About a Driver’s Responsibility?
Every driver on the road has a legal Duty of Care. This is a fundamental obligation to operate a vehicle with reasonable caution to avoid harming others. A core part of this duty is checking blind spots by performing a physical head check before changing lanes, merging, or turning. Relying only on mirrors is not enough.
When a driver fails in this duty, and that failure directly causes an accident and injuries, it is known as Negligence. In blind spot cases, the negligence is typically the failure to look properly before maneuvering the vehicle. A driver who changes lanes and hits a car that was already there is typically considered negligent because they violated their duty to ensure the lane was clear.
Is the Driver Who Changes Lanes Automatically at Fault?
While the driver making the lane change usually holds the majority of the responsibility, fault is not always 100% on one person. Florida law operates under a rule of Comparative Fault.
Think of fault as a pie chart. A jury or insurance company assigns a percentage of responsibility to each driver based on the evidence. Under Florida’s modified comparative negligence system, you can recover damages as long as you are not found to be 51% or more at fault. If you are found 20% at fault, your final compensation is reduced by that amount.
For example, another driver could be found partially at fault for a blind spot accident if they were:
- Speeding, which made it difficult for the lane-changing driver to judge their approach.
- Driving erratically or in an unpredictable manner.
- Attempting to change lanes at the same time without using a signal.
Building a Case After a Blind Spot Accident
What Evidence Can Help Show What Really Happened?
After a crash, it might feel like your word against the other driver’s. Our firm focuses on gathering the objective facts needed to establish what truly happened.
Types of evidence we frequently use to build a strong claim include:
- Crash Report: The investigating officer’s official report provides a diagram, a narrative of the incident, and sometimes an initial assessment of fault.
- Photos and Videos: Pictures of the vehicle damage, debris on the road, and any nearby traffic or security camera footage can provide indisputable proof of how the collision occurred.
- Witness Testimony: Independent accounts from other drivers or pedestrians who saw the collision can corroborate your version of events and counter a “he said, she said” stalemate.
- Physical Damage to the Vehicles: The location and nature of the impact—for instance, a sideswipe on the rear driver-side door versus damage to the front bumper—often tells a clear story about vehicle positions and movement at the time of the crash.
- Accident Reconstruction Analysis: In more complex cases, we may work with professionals who use physics and engineering principles to recreate the crash sequence. This analysis can demonstrate precisely how the accident unfolded and who was at fault.
Does Advanced Safety Technology Change Who Is at Fault?
Many modern vehicles are equipped with Blind-Spot Monitoring (BSM) systems, which use sensors to detect vehicles in adjacent lanes and provide a visual or audible warning. While this technology is a helpful safety aid, it does not legally replace the driver’s fundamental duty to perform a manual head check before changing lanes.
A driver who causes a crash can still be found negligent even if they claim their BSM system failed or didn’t alert them. The responsibility to ensure a lane is clear ultimately rests with the human operator. Currently, there is no federal law that requires automakers to include BSM in new vehicles, though it is becoming a more common feature.
The governing regulation, Federal Motor Vehicle Safety Standard (FMVSS) No. 111, specifies requirements for rearview mirrors but does not mandate electronic monitoring systems as a substitute.
Protecting Your Rights After You Get Home
What Steps Should You Take in the Days Following the Crash?
Once you are home and the immediate crisis has passed, the steps you take can have a significant impact on your ability to recover fair compensation. Organization and careful communication are key.
- Create a File: Keep all documents related to the accident in one dedicated place. This includes the police report, medical bills, prescription receipts, repair estimates, and any letters or emails from insurance companies.
- Document Your Experience: As soon as you are able, write down everything you remember about the accident itself. Then, keep a simple daily journal. Note your pain levels, medical appointments, medications you’re taking, and any ways your injuries are disrupting your daily work or personal life.
- Notify Your Own Insurance Company: Report the accident to your insurer promptly. Provide the basic facts of what happened, but avoid offering opinions or guessing about details you are unsure of. Stick to what you know for certain.
- Use Caution with the Other Driver’s Insurer:
- The other driver’s insurance adjuster may contact you quickly. Remember that their role is to protect their company’s financial interests, which means settling the claim for the lowest amount possible.
- They will likely ask you to provide a recorded statement. You are not legally obligated to do so, and we highly advise that you speak with an attorney before you agree to it. Any small inconsistency in your story, even if accidental, may be used later to argue that you were at fault or that your injuries are not as severe as you claim.
Frequently Asked Questions About Blind Spot Collisions
What happens if both drivers claim the other was in their blind spot?
This is a situation where objective evidence is most important. The physical evidence, such as the location of the damage on both vehicles, often shows which vehicle was established in its lane and which one was in the process of moving over. Witness statements and any available traffic camera footage could also be decisive in breaking the stalemate and establishing the facts.
How long do I have to file a car accident lawsuit in Florida?
In Florida, the statute of limitations for most personal injury claims arising from a car accident is generally two years from the date of the crash. Failing to file a lawsuit within this window will likely result in the court refusing to hear your case. Act promptly to ensure your rights are protected.
The other driver’s insurance offered me a quick settlement. Should I take it?
Initial settlement offers are often low and may not account for the full scope of your damages. It’s difficult to know the full extent of your medical needs, lost wages, or potential for long-term pain and suffering in the days immediately following a crash. Accepting an early offer permanently closes your claim, meaning you cannot seek further compensation if your injuries turn out to be more serious than you first thought.
I was on a motorcycle when a car sideswiped me. How does that affect my case?
Motorcycle accident cases usually involve more severe injuries due to the rider’s lack of physical protection. The argument that the car driver “didn’t see” the motorcycle is common, but it is not a valid legal defense. In fact, drivers have a heightened duty to be aware of their surroundings and look out for smaller vehicles like motorcycles. The fact that a motorcycle is harder to see does not excuse a driver’s failure to check their blind spots.
Can a driver get a traffic ticket for causing a blind spot accident?
Yes, a driver who causes a collision by making an unsafe lane change can be cited by law enforcement for a moving violation. A traffic ticket can be a helpful piece of evidence to support your claim that the other driver was at fault. However, the absence of a ticket does not mean you don’t have a valid case. The standards for issuing a traffic citation are different from the standards for proving fault in a civil claim.
Let Us Bring Clarity to Your Claim
Blind spot accidents are rarely simple. They depend on a careful and thorough investigation to show how a brief moment of inattention changed everything. You are not just a claim number, and you shouldn’t have to face the pressure from insurance companies while you are trying to recover from your injuries.
If you were injured in a blind spot accident, let us handle the details so you can focus on healing. Call Steven A. Bagen & Associates, P.A. now at (800) 800-2575 for a no-cost consultation.